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The Legal System Governing Data Protection in China

  • Jialu Du,
  • Xiangshun Ding

摘要

Data protection laws play a pivotal role in safeguarding individual rights and shaping the digital economy. This study provides a comprehensive analysis of China’s evolving data governance regime, examining key legal texts, policy documents, regulatory guidelines, and judicial decisions through doctrinal legal analysis. The research focuses on the Personal Information Protection Law, the Data Security Law, and the Cybersecurity Law, assessing their structure, implementation, and interrelation. It also evaluates the supervisory regime, emphasizing the roles of the Cyberspace Administration of China, the Ministry of Industry and Information Technology, and sectoral regulators. Judicial developments are analyzed to illustrate how courts and agencies have shaped China’s data protection jurisprudence. Key findings reveal a shift from rigid regulatory control toward a balanced approach that promotes sustainable digital growth. China has introduced detailed, sector-specific guidelines for industries such as automotive, finance, healthcare, and telecommunications, aiming to reconcile privacy protection with technological innovation. Judicial and administrative practices further demonstrate how regulatory agencies and courts operationalize core data protection principles in practice, reflecting a maturing and increasingly coherent governance model. This study concludes that China’s legal framework demonstrates growing sophistication, integrating privacy protection with digital economy policy. It underscores the importance of continued international dialogue and regulatory cooperation in addressing the challenges posed by emerging technologies and global data governance.